The Ombudsman's final decision
Summary: We will not investigate this complaint about how the complainant has been affected by decisions the Council has taken regarding two adults she cared for. This is because the complaint is late and the complainant has not provided good reasons why she did not complain to us within 12 months of knowing about the matter.
The complaint
The complainant, Mrs B, complained to us about how she has been affected by decisions the Council has taken regarding two adults she cared for.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Mrs B has had an opportunity to comment on my draft decision.
My assessment
Mrs B was a Shared Lives Carer. She told us the Council placed two adults, Ms Z and Ms Y, in her care from 2010 onwards. Ms B said the Council reduced the weekly payment for Ms Z’s care in 2013. She said the Council failed to resolve the concerns she raised in 2018 and 2019 about Ms Z’s support. Mrs B said in October 2019 the Council told her Ms Z would not be returning to her care. During 2020 the Council ended Ms Y’s placement with Mrs B. Mrs B told us there are some of Ms Y’s and Ms Z’s belongings left in her home which prevents her from using the space.
Mrs B made a formal complaint to the Council in December 2020. The Council responded to it in March 2021. The Council told Mrs B she could approach us if she was unhappy with its response.
The time limit for bringing a complaint to us runs from the date the complainant first becomes aware of the matter, not from the date of the Council’s response to the complaint. Mrs B has complained to us more than 12 months after the Council’s actions regarding the two placements. We have discretion to set aside the restriction on late complaints where we decide there are good reasons. In this case we have decided not to exercise discretion because it is reasonable to expect Mrs X to have complained to us sooner about what happened. Mrs B has not provided good reasons why she did not complain to us within 12 months of knowing about the matter.
Final decision
We will not investigate Mrs B’s complaint because the complaint is late and she has not provided good reasons why she did not complain to us within 12 months of knowing about the matter.
Investigator's decision on behalf of the Ombudsman